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Kristen Mclaughlin Tarrin

Kristen Tarrin’s Answers

130 total


  • Is my marriage legitimate if an ex girlfriend is claiming common law?

    My husband I u have been married a month in two days. His ex girlfriend with whom he has a five year old son, but hasn't been in a relationship with for at least two years, is claiming common law marriage and has a legal aid lawyer filing for diss...

    Kristen’s Answer

    Ms. Schriner is absolutely correct. Do not ignore the Petition. The law in Colorado is to be married at common law the parties must agree to be married and hold themselves out to the public as a married couple. It is rather difficult to prove common law marriage if one party insists there was no marriage. To show intent to be married things like putting each other on health insurance, filing joint tax returns, calling each other husband or wife will be good evidence.

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  • Can a custodial parent get sole custody after non custodial parent has not fulfilled their part of a court order & moved away?

    My S.O. has custody of his 2 children. June 2015, he obtained that custody due to the mother in & out of jail, drug use, statement from roommate who mother lived with, the claims from the roommate & children of verbal/emotional/physical, etc. Moth...

    Kristen’s Answer

    The current parenting responsibilities order is critical in determining the proper course to take. Your SO really should sit down with a Family Law attorney, even if just for a 30 minute consultation to review the current order. Based on the stated facts your SO may be able to file a Motion for Sole Decision Making. Abandonment is a horse of a different color. That is primarily used when a step-parent wants to adopt a child and the natural parent has disappeared for a significant period of time with no contact and no way to contact that person.

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  • Do I still have to pay child support if I have my child 50/50

    12 yr old daughter, never married to mother, had every other week visitation, paid child support monthly, have had her every other week for 2 years.

    Kristen’s Answer

    There are several factors that go into child support. The amount of overnights is one factor. You must also take into consideration each parent's income, health insurance premiums, day care costs and possibly other expenses. In order to modify an existing child support order there must be a 10% change.

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  • What can I do if I've been the only parent taking my son to diagnose his learning disorder and have now been laid off

    I currently have 50/50 custody for my 3 kids. I am also obligated to pay child support but I have now been facing difficulties to pay this month. Their mother didn't work at the time of the court date but she has now been working for over a year a...

    Kristen’s Answer

    Any time there is a change in circumstances that will generate a 10% change in the child support order a Motion to Modify child Support can be filed with the Court.

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  • My ex husband refuses to pay his half of our children's bills. Is there a time frame in which he is required to pay?

    Divorce states we are to split children's medical bills 50/50.

    Kristen’s Answer

    If your Separation Agreement does not give a time frame in which to pay the bills then a judge may have to decide what is reasonable. However, you have to be sure that you are providing copies of the bills in a timely fashion as well. When you send him copies of the bills for reimbursement you might benefit from putting in a date by which his 1/2 should be paid to you. After a few times of sending statements and not getting any money you can then ask for Court help in the form of contempt or Motion to Enforce.

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  • How can my husband sign his rights over?

    My husband has a 7 year old child that he has never talked to our even seen that he pays child support for. He wants to sign his rights over but was told he can't. What would the process be for him to be able to sign off?

    Kristen’s Answer

    Unless the mother is remarried and the step father wants to adopt the child there is very little chance of relinquishing his rights. Has he thought about getting to know this child and being an involved parent? It will take some time and probably reintegration counseling with the child. Mother will likely fight it but I've had many cases that have had some success in establishing some visitation for the non-custodial parent.

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  • Since I moved to co with our child can he make me go back to Nebraska if he files divorce papers and when can I file for divorce

    Me and my husband are separated he lives in Nebraska and I just moved to co with our child

    Kristen’s Answer

    Your child has to be domiciled in Colorado for six months before Colorado has jurisdiction over your child.

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  • Can he really get away with this? Will he end up paying zero?

    My ex husband has been on garnished payments for several years after he didn't pay for a couple of years. I have sole guardianship over our daughter after incidences of domestic violence in his home with his new wife (and frankly when he was with ...

    Kristen’s Answer

    The Court will likely impute income to your ex-husband. The only way for income to NOT be imputed is if your ex is going to back to school for a good faith career change. The 30 month exception for the age of the child only applies to a child of the parties together. However, he probably can use his other children on the child support worksheet as an offset - as can you if you have other children for which you do not get support. If you don't have a CSEU department collecting the support I suggest you get that set up immediately. He can also have his passport revoked if he gets too far in arrears.

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  • How can I force full disclosure of my ex-husband's income so I can have child support modified now that I am unemployed?

    My ex-husband has been paying child support regularly since our divorce over 5 years ago. I have recently been laid off from my job and have been unable to gain similar employment, so I want to modify the child support amount he pays me. He prov...

    Kristen’s Answer

    File a Motion to Modify Child Support. You can find all the forms you need to file on www.courts.state.co.us You BOTH are required to comply with Rule 16.2 which requires income disclosures. Both of you will be required to provide the other party three years full tax returns with W-2's and paycheck stubs, among other things. If he refuses to provide those items then you ask the Court to force him. Child support modification isn't that difficult, the hard part is getting the other party to comply. That is where having an attorney might be helpful. There are pro bono services that might be able to help if you can't afford an attorney.

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  • What is the least expensive way to get divorced

    I got married in 1996 under a bunch of terrible circumstances and I want to get divorced. I have very little money, and I haven't seen this man in about 12 years. I keep telling myself that as soon as I have a little extra money I'll do it. That o...

    Kristen’s Answer

    Go here for instructions and forms to file: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108
    Use form JDF 205 to apply for waiver of filing fees:
    https://www.courts.state.co.us/Forms/PDF/JDF%20205%20Motion%20to%20file%20without%20payment%20and%20supporting%20financial%20affidavit%20FINAL%20%20%2010-15.pdf
    If you don't qualify, the filing fee is $230.
    The least expensive way to get him served is to have him sign the Petition as a Co-Petitioner or have him sign a waiver of service. Otherwise you have to pay for a Process Server or Sheriff to have him served. If you don't know where he is then you will probably have to serve by publication which adds some cost.

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